(ii)Whileso, it was stated that the petitioner’s husband while receiving the freedom fighter pension was also employed in the State civil service. However, after reaching the age of superannuation, he retired from service and on retirement, he was also paid with the Civil (Service)Pension and his Civil (Service) Pension Number is PPO No.86840/FA. Therefore, in the above background it was further submitted that when the petitioner’s husband was receiving two pensions during his lifetime, namely, freedom fighter pension given by the Government of India through the State of Tamil nadu and also Civil (Service) Pension as a retired Government Servant, the petitioner being the wife of Government servant late Perumal is also entitled to receive both the Civil (Service) Pension and the freedom fighter pension. But, unfortunately, when the petitioner was receiving both pensions above mentioned, the 4th respondent citing Auditor General's Report of 2006 and 2008 and referring a communication dated 2.6.2006 issued by the first respondent-Secretary to Government, Public (Political Pension-IV)Department, Fort St.George, Chennai 600 009 erroneously stopped paying the Civil (Service) Family Pension-PP86848, stating that the petitioner is receiving the freedom fighter pension and therefore, she cannot be paid Civil (Service) Family Pension. As the petitioner is getting only meager amount by way of family pension she is not able to meet her requirements. Therefore, when the petitioner has given a representation dated 22.9.2009, she was not able to get any response, hence, the petitioner, being aggrieved by the impugned order, has come to this court by filing this writ petition to quash the impugned order on the ground that the same is ex-facie illegal.
